Business Law Chapter 3 - Quiz

Discovery is the process of obtaining information from an opposing party before trial. Select one: True False

True

Hearsay evidence is what someone heard someone else say. Select one: True False

True

Any written material, including information stored electronically, can be the object of a discovery request. Select one: True False

True

Before a lawsuit begins, the court must have proof that the defendant was notified of the lawsuit. Select one: True False

True

A counterclaim is a claim raised by a plaintiff against a defendant's answer. Select one: True False

False

Only a defendant can file a motion to dismiss. Select one: True False

False

A judge instructs a jury in the law that applies in a case. Select one: True False

True

The use of additional evidence distinguishes the motion for summary judgment from the motion for judgment on the pleadings. Select one: True False

True

Posy brings a lawsuit against Quisa over a sale of 350 acres of farmland. During the trial, Quisa's attorney asks questions of the plaintiff's witness Raina. This is Select one: a. a cross-examination. b. a deposition. c. an interrogatory. d. a direct examination.

a. a cross-examination.

Jenna files a civil suit against Keshia. To succeed, Jenna must prove her case Select one: a. by a preponderance of the evidence. b. to the extent promised in her attorney's opening statement. c. by indisputable proof. d. beyond a reasonable doubt.

a. by a preponderance of the evidence.

Neville files a suit against Olina. If Olina fails to respond, Select one: a. Neville will not be awarded the remedy sought. b. Olina will have a default judgment entered against her. c. Neville must appeal the case to a different court. d. Olina's failure to respond will be considered to be a denial.

b. Olina will have a default judgment entered against her.

In Coastal Fishing Company's suit against Dockside Marina, Inc., the jury returns a verdict in Coastal's favor. Dockside files a motion stating that even if the evidence is viewed in the light most favorable to Coastal, a reasonable jury should not have found in its favor. This is a motion for Select one: a. a summary judgment. b. a judgment n.o.v. c. a judgment in accordance with the verdict. d. a judgment on the pleadings.

b. a judgment n.o.v.

Gilbert wants to initiate a suit against Healthways Insurance Company by filing a complaint. The complaint should include Select one: a. a statement refuting any defense that the defendant might assert. b. a statement alleging the facts showing the court has jurisdiction. c. a motion for judgment on the pleadings. d. an explanation of the proof to be offered at trial.

b. a statement alleging the facts showing the court has jurisdiction.

Lyn files a suit against Karl. Karl denies Lyn's charges and sets forth his own claim that Lyn breached their contract and owes Karl money for the breach. Karl's claim is Select one: a. motion to dismiss. b. counterclaim. c. motion for judgment on the pleadings. d. motion for summary judgment.

b. counterclaim.

To prepare for a trial between SmartPhones, Inc., and TechApps Company, TechApps' attorney places SmartPhones' chief executive officer (CEO) under oath. A court official makes a record of the attorney's questions and the CEO's answers. This is Select one: a. voir dire. b. a cross-examination. c. a deposition. d. an interrogatory

c. a deposition.

Fact Pattern 3-B2 Martin files a suit against Nichelle in a state court over payment due on a short-term employment contract. The case proceeds to trial, after which the court renders a verdict. The case is appealed to an appellate court. Refer to Fact Pattern 3-B2. After the state's highest court's review of Martin v. Nichelle, a party can appeal the decision to the United States Supreme Court if Select one: a. a question of state law remains unresolved. b. the state trial and appellate court rulings are different. c. a federal question is involved. d. the party is unsatisfied with the result.

c. a federal question is involved.

Martin files a suit against Nichelle in a state court over payment due on a short-term employment contract. The case proceeds to trial, after which the court renders a verdict. The case is appealed to an appellate court. Refer to Fact Pattern 3-B2. After its review of Martin v. Nichelle, the appellate court upholds the lower court's verdict. The appellate court has a. remanded the case. b. reversed the case. c. reversed and remanded the case. d. affirmed the case.

d. affirmed the case.

In Research & Development Company's suit against Structural Engineers, Inc., Research & Development wants to introduce evidence that it claims is relevant. Relevant evidence is evidence that Select one: a. tends to prove a fact in question. b. establishes the degree of probability of a fact or action. c. tends to disprove a fact in question. d. all of the choices.

d. all of the choices.

Before the trial of Sof' Drink Soda Corporation's suit against TimeOut Convenience Stores, Inc., their attorneys engage in voir dire. This is Select one: a. the determination of the issues to be argued. b. the testimony by a party to the lawsuit or by any witness, recorded by an authorized court official. c. an assessment of the arguments on the issues. d. the selection of jurors.

d. the selection of jurors.

Ballpark Sportsfield, Inc., files a suit against Concessions & Tailgate Services. The document that informs Concessions & Tailgate that it must file an answer within a specified time period is Select one: a. the complaint. b. the answer. c. the writ of certiorari. d. the summons.

d. the summons.